Simple procedure now to arrive in two stages
The new simple procedure in the sheriff court will now arrive in two stages in 2016 and 2017, as disclosed by a report on the proposed new rules, published today.
It follows the consultation by the Scottish Civil Justice Council on the draft Simple Procedure Rules, and sets out the main changes made in the final version which will be laid in the Scottish Parliament in the next few days – which incorporates substantial changes in response to many "useful and detailed" comments received.
Simple procedure will replace the small claims and summary cause procedures in the sheriff court. It is designed to be a swift, inexpensive and informal procedure for people who do not have legal representation, covering cases with a value up to £5,000.
Response were generally supportive about the approach taken, which includes:
- designing rules to be more accessible to the lay user;
- making the court process for lower value monetary claims swifter and more flexible;
- innovations such as updating hard-to-understand terminology, user-friendly headings framed as questions, and the incorporation of flowcharts.
However, a number of respondents called for the separate set of rules governing special types of claim, including housing and personal injury proceedings, to be consulted on. It has therefore been decided that the Simple Procedure (Special Claims) Rules will be implemented in time for the beginning of the legal year in 2017, to allow time for informal consultation, while the "core" Simple Procedure Rules will be commenced in November 2016.
Among the changes made to the core rules,
- "respondent" is the term used in place of "defender" and "pause" is used in place of "sist";
- the numbering has been made clearer, and changes have been made to the principles to encourage alternative dispute resolution and to refer to hearings progressing as well as resolving a case;
- it is clarified that the sheriff's power to dismiss incompetent cases may be exercised at any time;
- the timetable has been simplified following receipt of a response form;
- provision for counterclaims has been removed, as such cases are likely to require ordinary procedure;
- the claim form now provides for parties to explain the evidence they consider might support their claim, and for evidence to be lodged later in the process;
- the rules have been adjusted to set out how evidence should be given at the hearing;
- new parts have been added to the rules, covering expenses and how to enforce a decision.
The Lord President, Lord Carloway, who chairs the SCJC, commented: “The simple procedure has been designed with the party litigant in mind using accessible language and incorporating user-friendly guidance into the rules. The report on the consultation on the draft Simple Procedure Rules summarises the many detailed responses received which have provided invaluable feedback and greatly helped to improve this innovative procedure.”